B-49411, JUNE 16, 1945, 24 COMP. GEN. 883

B-49411, JUNE 16, 1945, 24 COMP. GEN. 883

TRAVELING EXPENSES - CIRCUITOUS ROUTES - MARINE CORPS OFFICERS TRAVELING PARTLY BY PRIVATE CONVEYANCE AND PARTLY BY OTHER MEANS A MARINE CORPS OFFICER WHO CIRCUITOUSLY PERFORMED DIRECTED TRAVEL IN A PER DIEM STATUS, PARTLY BY PRIVATE CONVEYANCE AND PARTLY BY OTHER MEANS, IS ENTITLED TO 3 CENTS PER MILE FOR THE PRIVATE CONVEYANCE TRAVEL FOR A DISTANCE BEARING THE SAME RATIO TO THE OFFICIAL DISTANCE BETWEEN THE TWO POINTS INVOLVED AS THE DISTANCE TRAVELED BY PRIVATE CONVEYANCE BEARS TO THE TOTAL DISTANCE TRAVELED, AND TO REIMBURSEMENT OF ACTUAL EXPENSES FOR TRANSPORTATION BY OTHER MEANS NOT TO EXCEED AN AMOUNT BEARING THE SAME RATIO TO THE TOTAL COST TO THE GOVERNMENT FOR RAIL TRAVEL OVER THE ENTIRE OFFICIAL ROUTE AS THE DISTANCE NOT CONSIDERED TRAVEL BY PRIVATE CONVEYANCE BEARS TO THE TOTAL OFFICIAL DISTANCE.

ASSISTANT COMPTROLLER GENERAL YATES TO LT. COL. C. S. SCHMIDT, U.S. MARINE CORPS, RETIRED, JUNE 16, 1945:

THERE HAS BEEN CONSIDERED YOUR LETTER DATED APRIL 19, 1945, REQUESTING DECISION AS TO THE AMOUNT YOU ARE AUTHORIZED TO PAY ON A VOUCHER, SUBMITTED THEREWITH, STATED IN FAVOR OF FIRST LIEUTENANT ROBERT M. LUCK, USMCR, COVERING AN ALLOWANCE OF 3 CENTS PER MILE FOR TRAVEL FROM CAMP JOSEPH H. PENDLETON, OCEANSIDE, CALIFORNIA, TO SAN FRANCISCO, CALIFORNIA, AND TRANSPORTATION COSTS FOR TRAVEL PERFORMED FROM SAN FRANCISCO TO QUANTICO, VIRGINIA--- ALL OF WHICH TRAVEL WAS PERFORMED PURSUANT TO ORDERS DATED MARCH 10, 1945, AND AMENDATORY ORDERS DATED MARCH 17, 1945--- PLUS PER DIEM FOR NECESSARY TRAVEL TIME BETWEEN CAMP PENDLETON AND QUANTICO.

ORDERS DATED MARCH 10, 1945, ISSUED BY HEADQUARTERS, UNITED STATES MARINE CORPS, WASHINGTON, C., ORDERED LIEUTENANT LUCK AND OTHER NAMED OFFICERS--- WHEN SO DIRECTED BY THE COMMANDING GENERAL, MARINE TRAINING AND REPLACEMENT COMMAND, SAN DIEGO AREA--- TO STAND DETACHED FROM THEIR STATION AND DUTIES; PROCEED TO THE MARINE BARRACKS, QUANTICO, VIRGINIA; AND REPORT TO THE COMMANDING GENERAL AT THAT POST AND TO THE COMMANDANT, MARINE CORPS SCHOOLS, FOR TEMPORARY DUTY UNDER INSTRUCTIONS IN THE MARINE AIR INFANTRY SCHOOL. BY FIRST INDORSEMENT THEREON DATED MARCH 15, 1943, HEADQUARTERS, MARINE TRAINING AND REPLACEMENT COMMAND, SAN DIEGO AREA, CAMP JOSEPH H. PENDLETON, OCEANSIDE, CALIFORNIA. AMENDATORY ORDERS ADDRESSED TO EACH OFFICER, IS ISSUED BY THE SAME MARINE TRAINING AND REPLACEMENT COMMAND, ON MARCH 17, 1945, REFER TO THE SAID ORDERS OF MARCH 10, 1945, WITH INDORSEMENT OF MARCH 15, 1945, AS " REFERENCE (B)" AND PROVIDE AS FOLLOWS:

1. REFERENCE (B) IS MODIFIED IN THAT, WHEN DIRECTED BY THE COMMANDING GENERAL, MARINE TRAINING COMMAND, SAN DIEGO AREA, CAMP JOSEPH H. PENDLETON, ON OR ABOUT 31 MARCH, 1945, YOU WILL STAND DETACHED FROM YOUR PRESENT STATION AND DUTIES, WILL PROCEED TO QUANTICO, VIRGINIA, AND REPORT NOT LATER THAN 9 APRIL, 1945, TO THE COMMANDING GENERAL, MARINE BARRACKS, THEREAT, AND TO THE COMMANDANT, MARINE CORPS SCHOOLS, FOR THE TEMPORARY DUTY DIRECTED IN BASIC ORDERS.

2. FOR THE TRAVEL INVOLVED, IN ADDITION TO THE ACTUAL COST TO THE GOVERNMENT FOR TRANSPORTATION, YOU ARE ALLOWED A PER DIEM OF SEVEN DOLLARS ($7.00) IN LIEU OF SUBSISTENCE. FOR THE FIRST SIXTY (60) DAYS OF TEMPORARY DUTY AT THE MARINE CORPS SCHOOLS, MARINE BARRACKS, QUANTICO, VIRGINIA, YOU ARE ALLOWED A PER DIEM OF THREE DOLLARS($3.00) IN LIEU OF SUBSISTENCE.

IT APPEARS THAT LIEUTENANT LUCK WAS DETACHED FROM DUTY AT CAMP PENDLETON AND DIRECTED TO PROCEED TO QUANTICO ON MARCH 31, 1945, AND IT IS STATED ON THE VOUCHER EXECUTED BY THE OFFICER THAT THE TRAVEL FROM CAMP PENDLETON TO QUANTICO WAS PERFORMED BETWEEN MARCH 31 AND APRIL 8, 1945, AS OLLOWS: CAMP PENDLETON TO SAN FRANCISCO, CALIFORNIA, BY PRIVATELY-OWNED AUTOMOBILE; SAN FRANCISCO TO CHICAGO, ILLINOIS, BY RAIL; CHICAGO TO WASHINGTON, D.C., BY COMMERCIAL AIRPLANE; AND WASHINGTON TO QUANTICO BY RAIL. RECEIPTS ARE FURNISHED SHOWING PAYMENT OF $13.90 PLUS $2.09 TAX, FOR AN UPPER BERTH FROM SAN FRANCISCO TO CHICAGO, AND $35.75, PLUS $5.36 TAX, FOR AIRPLANE FARE FROM CHICAGO TO WASHINGTON.

THE FIRST PARAGRAPH OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AS AMENDED BY SECTION 9 OF THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 730, PROVIDES FOR THE PAYMENT OF MILEAGE AT THE RATE OF 8 CENTS PER MILE TO OFFICERS WHEN TRAVELING UNDER COMPETENT ORDERS WITHOUT TROOPS, THE ,DISTANCE TO BE COMPUTED BY THE SHORTEST USUALLY TRAVELED ROUTE.'

THE SECOND AND FOURTH PARAGRAPHS OF THE SAID SECTION 12 PROVIDE, IN PERTINENT PART, AS FOLLOWS:

UNLESS OTHERWISE EXPRESSLY PROVIDED BY LAW, NO OFFICER OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL BE ALLOWED OR PAID ANY SUM IN EXCESS OF EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE WHILE TRAVELING ON DUTY AWAY FROM HIS DESIGNATED POST OF DUTY, NOR ANY SUM FOR SUCH EXPENSES ACTUALLY INCURRED IN EXCESS OF $7 PER DAY. THE HEADS OF THE EXECUTIVE DEPARTMENTS CONCERNED ARE AUTHORIZED TO PRESCRIBE PER DIEM RATES OF ALLOWANCE, NOT EXCEEDING $6 (INCREASED TO $7 BY THE PROVISIONS OF SECTION 211 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1945, 58 STAT. 387), IN LIEU OF SUBSISTENCE TO OFFICERS TRAVELING ON OFFICIAL BUSINESS AND AWAY FROM THEIR DESIGNATED POSTS OF DUTY * * *. * * * * * * *

INDIVIDUALS BELONGING TO ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING THE NATIONAL GUARD AND THE RESERVES OF SUCH SERVICES, TRAVELING UNDER COMPETENT ORDERS, WHICH ENTITLE THEM TO TRANSPORTATION OR TRANSPORTATION AND SUBSISTENCE AS DISTINGUISHED FROM MILEAGE, WHO, UNDER REGULATIONS PRESCRIBED BY THE HEAD OF THE DEPARTMENT CONCERNED, TRAVEL BY PRIVATELY OWNED CONVEYANCE SHALL BE ENTITLED, IN LIEU OF TRANSPORTATION BY THE SHORTEST USUALLY TRAVELED ROUTE NOW AUTHORIZED BY LAW TO BE FURNISHED IN KIND, TO A MONEY ALLOWANCE AT THE RATE OF 3 CENTS PER MILE FOR THE SAME DISTANCE: PROVIDED, THAT THIS PROVISION SHALL NOT APPLY TO ANY PERSON ENTITLED TO TRAVELING EXPENSES UNDER THE SUBSISTENCE EXPENSE ACT OF 1926.

IN THE NAVAL APPROPRIATION ACT, 1945, 58 STAT. 309, PROVISION IS MADE AS FOLLOWS:

* * * THAT THE SECRETARY, IN PRESCRIBING PER DIEM RATES OF ALLOWANCE IN ACCORDANCE WITH LAW, IS HEREBY AUTHORIZED TO PRESCRIBE SUCH PER DIEM WHETHER OR NOT ORDERS ARE GIVEN TO OFFICERS FOR TRAVEL TO BE PERFORMED REPEATEDLY BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY AND WITHOUT REGARD TO THE LENGTH OF TIME AWAY FROM THEIR DESIGNATED POSTS OF DUTY UNDER SUCH ORDERS * * *

THE FOLLOWING PERTINENT PROVISIONS RELATING TO PAYMENT OF TRAVELING EXPENSES APPEAR IN THE MARINE CORPS MANUAL:

PARAGRAPHS 7 AND 8 (A) AND (B), ARTICLE 24-118---

7. BY AUTOMOBILE.--- WHEN DIRECTED TO TRAVEL BY OTHER THAN GOVERNMENT TRANSPORTATION, OFFICERS MAY ELECT TO PROCEED BY COMMERCIAL OR PRIVATELY OWNED CONVEYANCE. IF TRAVEL IS BY PRIVATE CONVEYANCE REIMBURSEMENT WILL BE AT THE SPECIAL MILEAGE RATE STATED IN SUBPARAGRAPH (8) (B) (27 U.S.C. 20A). THE MILEAGE IS IN LIEU OF GASOLINE, OIL, AND GARAGE RENT, AND DOES NOT COVER SUBSISTENCE (12 COMP. GEN. 423; AND M.S.-COMP. GEN. A-35049, FEBRUARY 13, 1931). REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES OR PER DIEM WILL BE ALLOWED FOR THE LENGTH OF TIME THAT WOULD HAVE BEEN REQUIRED HAD THE TRAVEL BEEN ON GOVERNMENT TRANSPORTATION REQUESTS OVER THE SHORTEST USUALLY TRAVELED ROUTE. THIS SPECIAL ALLOWANCE FOR TRAVEL BY AUTOMOBILE DOES NOT APPLY WHEN THE OFFICER TRAVELING IS IN A MILEAGE STATUS.

(8) AMOUNTS ALLOWED.--- (A) ACTUAL COST OF TRANSPORTATION INCLUDING PULLMAN.

(B) IF BY PRIVATE CONVEYANCE, 3 CENTS PER MILE COMPUTED OVER THE SHORTEST USUALLY TRAVELED ROUTE AS SHOWN IN OFFICIAL MILEAGE TABLES.

PARAGRAPH 1 (A), ARTICLE 24-123---

(1) ITEMS FOR WHICH REIMBURSEMENT MAY BE MADE.--- (A) TRANSPORTATION EXPENSES INCLUDE RAILROAD AND STEAMSHIP TICKETS, PULLMAN TICKETS, BOAT LODGING, STREETCAR FARE OR TAXI TO AND FROM RAILWAY STATION, WHARF, OR LANDING FIELD, TRANSFER AND CHECKING OF BAGGAGE, AND OTHER SIMILAR EXPENSES INCIDENT TO TRAVEL.

THE ABOVE-QUOTED PROVISIONS OF LAW, AS THEY RELATE TO MILEAGE AT THE RATE OF 8 CENTS PER MILE OR THE PRESCRIBING OF A PER DIEM IN LIEU OF SUBSISTENCE, PERMIT OF AN ADMINISTRATIVE ELECTION IN DETERMINING WHICH OF THOSE TWO ALLOWANCES SHALL BE PRESCRIBED FOR OFFICERS WHO ARE DIRECTED TO PERFORM OFFICIAL TRAVEL. IF A PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE, SUCH AS WAS PRESCRIBED IN LIEUTENANT LUCK'S ORDERS, IS AUTHORIZED, AND THE OFFICER TRAVELS BY OTHER THAN PRIVATELY-OWNED CONVEYANCE, HE IS ENTITLED TO HAVE TRANSPORTATION IN KIND FURNISHED TO HIM AT GOVERNMENT EXPENSE OVER THE "SHORTEST USUALLY TRAVELED ROUTE" BETWEEN THE POINTS INVOLVED IN THE TRAVEL DIRECTED AND IF TRANSPORTATION IN KIND IS NOT FURNISHED BY THE GOVERNMENT AND THE OFFICER OBTAINS HIS TRANSPORTATION AT HIC OWN EXPENSE, HIS RIGHT TO REIMBURSEMENT FOR THE COSTS THUS INCURRED IS LIMITED TO THE AMOUNT IT WOULD HAVE COST THE GOVERNMENT FOR TRANSPORTATION OVER THE OFFICIAL ROUTE, IRRESPECTIVE OF THE FACT THAT THE OFFICER MAY HAVE TRAVELED BY A CIRCUITOUS ROUTE. CF. 24 COMP. GEN. 153, 154. FOR OFFICIAL TRAVEL BY PRIVATELY-OWNED CONVEYANCE WITHIN THE MEANING OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, SUPRA, AN ALLOWANCE OF 3 CENTS PER MILE IS AUTHORIZED IN LIEU OF TRANSPORTATION IN KIND OR REIMBURSEMENT OF THE COSTS THEREOF.

WHERE AN OFFICER IS UNDER ORDERS TO TRAVEL BETWEEN TWO POINTS IN A PER DIEM STATUS AND HE TRAVELS CIRCUITOUSLY, PART BY PRIVATELY-OWNED CONVEYANCE AND PART BY OTHER MEANS, THE STATUTE PRESCRIBES NO FORMULA FOR DETERMINING WHAT PART OF THE TRAVEL ACTUALLY NECESSARY TO COMPLY WITH HIS ORDERS IS TRAVEL BY PRIVATELY-OWNED CONVEYANCE AND WHAT PART IS TRAVEL BY OTHER MEANS. HOWEVER, IT HAS BEEN CONSIDERED THAT AN EQUITABLE BASIS FOR DETERMINING THE OFFICER'S RIGHTS IN THE SAME MATTER IS TO DETERMINE WHAT FRACTION OF HIS ACTUAL TRAVEL WAS PERFORMED BY PRIVATELY-OWNED CONVEYANCE AND ALLOW 3 CENTS PER MILE FOR THAT FRACTION OF THE OFFICIAL DISTANCE BETWEEN THE POINTS INVOLVED IN THE DIRECTED TRAVEL. THE MILEAGE THUS DETERMINED IS CONSIDERED TO HAVE BEEN TRAVELED BY PRIVATELY-OWNED CONVEYANCE. FOR THE TRAVEL ACTUALLY PERFORMED BY OTHER THAN PRIVATELY- OWNED CONVEYANCE, IT HAS BEEN HELD THAT HE IS ENTITLED TO REIMBURSEMENT OF ACTUAL EXPENSES INCURRED FOR TRANSPORTATION NOT TO EXCEED WHAT IT WOULD HAVE COST THE GOVERNMENT FOR TRAVEL BY RAIL OVER THE REMAINING PORTION OF THE OFFICIAL ROUTE, THAT COST TO BE AN AMOUNT WHICH BEARS THE SAME RATIO TO THE TOTAL COST TO THE GOVERNMENT FOR TRANSPORTATION BY RAIL OVER THE ENTIRE OFFICIAL ROUTE AS THE NUMBER OF MILES NOT CONSIDERED TO BE TRAVEL BY PRIVATELY OWNED CONVEYANCE BEARS TO THE TOTAL OFFICIAL DISTANCE BETWEEN THE POINTS INVOLVED IN THE DIRECTED TRAVEL. SEE DECISION DATED NOVEMBER 16, 1928, A-25051. FOR EXAMPLE, IF AN OFFICER IS DIRECTED TO PERFORM TRAVEL IN A PER DIEM STATUS FROM ONE STATION TO ANOTHER, THE OFFICIAL DISTANCE BETWEEN WHICH IS 3,000 MILES, AND HE TRAVELS BETWEEN THOSE STATIONS BY A CIRCUITOUS ROUTE, 1,000 MILES BY PRIVATELY-OWNED CONVEYANCE AND 3,000 MILES BY OTHER MEANS, HE WOULD

1,000 BE ENTITLED TO THE FOLLOWING: -------- OF 3,000 MILES, OR 750 MILES, AT

4,000 3 CENTS PER MILE, AND ACTUAL TRANSPORTATION EXPENSES INCURRED FOR TRAVEL

2,250 BY OTHER THAN PRIVATELY-OWNED CONVEYANCE NOT TO EXCEED -------- OF THE

3,000 COST TO THE GOVERNMENT OF TRANSPORTATION BY RAIL OVER THE OFFICIAL ROUTE BETWEEN THE STATIONS INVOLVED. ALSO, HE WOULD BE ENTITLED TO A PER DIEM ALLOWANCE FOR THE TIME NECESSARY TO PERFORM THE DIRECTED TRAVEL BY RAIL OVER THE OFFICIAL ROUTE. LIEUTENANT LUCK ENTITLED TO PAYMENT FOR THE TRAVEL HERE INVOLVED ON THAT BASIS. HOWEVER, ON THE PRESENT RECORD, IT IS NOT ESTABLISHED THAT THE OFFICER IS ENTITLED TO REIMBURSEMENT FOR THE TRANSPORTATION TAX CLAIMED TO HAVE BEEN PAID BY HIM.

ARTICLE 24-107, MARINE CORPS MANUAL, PROVIDES AS FOLLOWS:

PROCUREMENT OF TRANSPORTATION.--- AS REIMBURSEMENT FOR TRANSPORTATION CAN BE MADE ONLY IN THE AMOUNT THE GOVERNMENT WOULD HAVE PAID HAD THE TRANSPORTATION REQUEST BEEN FURNISHED, SUCH REQUEST SHOULD BE USED WHENEVER PRACTICABLE BY OFFICERS, RESERVES, AND CIVILIANS TRAVELING ON OFFICIAL BUSINESS.

ALNAV-100, DATED JUNE 1, 1944, CONTAINS THE FOLLOWING PROVISION:

WHEN TRANSPORTATION REQUESTS ARE NOT AVAILABLE AND TRAVEL IS PERFORMED ON ORDERS AUTHORIZING PER DIEM, REIMBURSEMENT FOR THE AMOUNT OF TAX PAID BY TRAVELER ON AUTHORIZED TRANSPORTATION PURCHASED WILL BE MADE PROVIDED CLAIMANT SUBMITS RECEIPTS OR CERTIFIES ON CLAIM THAT TRANSPORTATION REQUESTS WERE NOT AVAILABLE WHEN TICKETS WERE PURCHASED. REIMBURSEMENT FOR TAX PAID ON SLEEPING AND PARLOR CAR ACCOMMODATION WILL NOT BE MADE UNLESS CLAIM IS SUPPORTED BY IDENTIFICATION STUBS OR RECEIPTS.

THE ABOVE-QUOTED REGULATIONS CONTEMPLATE THE USE OF TRANSPORTATION REQUESTS IN CONNECTION WITH OFFICIAL TRAVEL WHENEVER "PRACTICABLE," AND REIMBURSEMENT FOR THE TRANSPORTATION TAX PAID BY THE TRAVELER IS AUTHORIZED ONLY WHERE TRANSPORTATION REQUESTS "ARE NOT AVAILABLE.' SINCE THE OFFICER HAS MADE NO SHOWING AS TO THE AVAILABILITY OF A TRANSPORTATION REQUEST, HE IS NOT ENTITLED TO REIMBURSEMENT FOR THE TRANSPORTATION TAX PAID BY HIM. B-47661, MARCH 24, 1945, 24 COMP. GEN. 696. ALNAV-50, DATED MARCH 15, 1945, CITED IN YOUR LETTER OF APRIL 19, 1945, IS NOT FOR APPLICATION HERE, SINCE LIEUTENANT LUCK'S ORDERS WERE DATED BEFORE APRIL 1, 1945.

THE VOUCHER IS RETURNED HEREWITH AND, WHEN COMPLETED TO CONFORM WITH THE FOREGOING, PAYMENT THEREON TO THE EXTENT HEREIN INDICATED IS AUTHORIZED.